Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes section 38, paragraph 1, of the Factories (Health, Safety and Welfare) Regulations, 1986, prohibiting the importation or sale of any chemical or toxic material as well as their use in any workplace without prior approval by the Superintendent of Public Health. In granting such approvals, the Superintendent may impose any conditions deemed fit in the interest of public health (section 38, paragraph 2). The Committee further notes the Government's indication to the effect that the abovementioned section represents the legal basis under which the department responsible for occupational health and safety controls the importation of chemicals in the country, including benzene and chemicals containing benzene, and that no benzene was imported in the last three years. However, in the event that the importer would get the licence for importation of such chemicals, he is obliged to seek the approbation by the Department of Labour to sell these chemicals to third parties in Malta. To the Committee's understanding, the approbation depends on the result of the workplace inspection where it is intended to use the chemicals at work. The Committee would therefore ask the Government to define the legal provisions according to which the importer is obliged to seek the Department of Labour's authorization for selling these chemicals to third parties and which provide for the inspection of workplaces where the chemicals are expected to be used.

Article 4. The Committee notes with interest the Government's indication that consideration is being given to publish regulations specifying work processes in which benzene and products containing benzene are prohibited. The Committee hopes that the regulations will be issued in the near future and requests the Government to supply a copy as soon as they become effective.

Article 5. The Committee notes the Government's indication according to which section 8 of Act No. VII for the Promotion of Occupational Safety and Health, 1994, and section 49 of the Factories (Health, Safety and Welfare) Regulations, 1986, both prescribing the employer's general duty to ensure that all reasonable measures and precautions are taken to preserve the workers' health and safety and to render every workplace free from all dangers to health and safety, are considered sufficient with a view to an efficient protection of workers exposed to benzene and products containing benzene. The Committee therefore requests the Government to indicate the concrete measures which have been taken in this connection and to indicate the manner in which it is ensured that such measures are taken in workplaces involving exposure to benzene.

Article 6, paragraph 1. The Committee notes again section 19 of the Factories (Health, Safety and Welfare) Regulations, 1986, aiming at preventing explosion or fire, as well as the provisions found in its section 49(3)(c) (second option) intending to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. It, however, points out that Article 6, paragraph 1, of the Convention calls for specific measures necessary to prevent the escape of benzene into the air of places of employment. The Committee accordingly requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene into the air of places of employment.

Article 6, paragraph 2. With reference to its previous comment, the Committee again requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes the Government's declaration that no directives have been issued to employers last year with a view to carry out air monitoring for benzene at the workplace. It requests the Government to indicate whether or not it is aimed to issue such directions for measuring benzene in the air of places of employment, as provided for in Article 6, paragraph 3, of the Convention.

Article 7. The Committee notes the Government's indication to the effect that benzene and its compounds are considered being hazardous substances due to their carcinogenic potential and that even little exposure may cause health effects. In this respect, section 49(3)(c) of the Factories (Health, Safety and Welfare) Regulations, 1986, requires the employer to carry out hazardous processes in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed system. According to section 49(1) of the abovementioned regulations, the employer is obliged to take all practicable steps to ensure the health, safety and welfare at work of all workers. In this regard, the Government indicates that the application of this section would require to make use of the control measures which cause least exposure, depending on the particular workplace scenario and the conditions of the intended use. The Committee requests the Government to explain the control measures used in this respect.

Article 8, paragraph 1. The Committee notes section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, prescribing the provision of such protective clothing and equipment and other means of personal protection to workers as may be necessary to shield them from the effects of harmful agents. The Government indicates that in application of this provision workers must be provided with protective clothing and equipment which include the provision of appropriate clothing, gloves, eye and respiratory protection. The Committee accordingly requests the Government to indicate the directives issued in application of section 49(3)(e) prescribing the provision of the above indicated means of personal protection to protect workers against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. The Committee notes the Government's indication according to which, in application of section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, workers must be provided, inter alia, with appropriate means of respiratory protection. The Committee requests the Government to indicate the practical steps taken in application of section 49 (3)(e) providing for respiratory protection to be used by workers in order to protect them against the risk from inhaling benzene vapour. Furthermore, the Government is requested to indicate the measures taken or envisaged with a view to the limitation of the duration of exposure as much as possible.

Article 9. The Committee notes section 6(1) of the Workplace (Protection of Young Persons) Regulations, 1996, stipulating that all young persons have to undergo a medical examination prior to employment and thereafter at least every 12 months. In this regard, the Committee notes the Government's indication that these medical examinations would include blood tests as recommended by the examining physician. The Committee would ask the Government to indicate the legal provision providing for blood tests in connection with the medical examination of young workers. Furthermore, the Committee points out that Article 9 of the Convention calls for medical examinations as specified in its subparagraphs (a) and (b) for all workers who are to be employed in work processes involving exposure to benzene or products containing benzene. The Committee requests the Government to indicate any measures taken or contemplated to ensure that all workers profit from the medical examinations as provided for in Article 9 of the Convention.

Article 11, paragraph 1. The Committee notes with interest the adoption of the Workplace (Protection of Maternity) Regulations, 1996. According to regulation 4(2), the employer shall not require pregnant women to perform duties for which the assessment has revealed a risk of exposure to the agents listed in the first schedule to these regulations, or when so directed by the director of labour in the interests of health and safety. Point 1(c) of the first schedule to regulation 4(2), defining the chemical agents to which a pregnant women cannot be exposed, provides for a prohibition of exposure to lead and compounds of lead. However, according to point 2 of the First Schedule to regulation 4(2), a pregnant woman cannot be exposed to "any other physical, biological or chemical agent regarded by the director of labour, acting on the advice of the Commission for the Promotion of Occupational Health and Safety, as causing foetal lesions, and/or is likely to disrupt placental attachment, and/or is likely to cause serious disease to a pregnant woman or an unborn child". The Committee therefore asks the Government to indicate whether benzene or products containing benzene are classified by the director of labour as chemical agents to which a pregnant woman must not be exposed.

Article 11, paragraph 2. The Committee notes with interest the Workplace (Protection of Young Persons) Regulations, 1996. Section 3(b) of these Regulations stipulates that young persons shall not be exposed to any chemical, physical or biological agents or to any of the processes listed in the Schedule to these regulations. According to point 1(c)(ii) of the Schedule specifying the agents and processes of work to which young persons cannot be exposed, it is prohibited to expose young persons to "all chemical agents regarded as being carcinogenic, and/or sensitizing through skin contact or by inhalation, and agents which may cause irreversible health effects, serious health effects, heritable genetic damage, damage to an unborn child, and agents which may impair fertility". The Committee would therefore ask the Government to indicate whether benzene or products containing benzene are classified as being part of this category of chemical agents.

Articles 12 and 13. The Committee notes the Government's declaration that it will elaborate in the near future a new legislation on the issues being the subject of Articles 12 and 13 of the Convention with a view to joining the European Union. As a part of this process the Government intends to adopt and transpose the existing EU legislation. The Committee therefore requests the Government to provide information on any progress made in this respect and to supply copies of the new relevant legislation as soon as it is adopted.

Part III of the report form. The Committee notes the Governments indication to the effect that no infringements relating to the use of benzene or products containing benzene have been taken to court in the past two years. The Committee would invite the Government to continue to supply information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is particularly referred to Parts III and IV of the report form for this Convention.